Penal or Illegal?


By Cassidy Johnson

 

The right to vote, or suffrage, is guaranteed in the Constitution. What began as a privilege for white property-owning men is now a tradition exploited by politically involved Americans. Every American can vote if they so choose, right? Wrong. There is a particular group of Americans that are deprived a fundamental aspect of the American experiment. The phenomenon is called “Felony Disenfranchisement.” Felony Disenfranchisement is where convicted felons are stripped of their right to vote. A felon is a person who has been convicted of a crime serious to serve more than a year in prison.

 

Despite every citizen being endowed with the right to suffrage, states have decided to handle felon voting at their own discretion, just how conservatives like. According to the National Conference of State Legislature, Maine and Vermont are the only two states where a convicted felon never loses their right to vote. Fourteen states and the District of Columbia restore the right to vote immediately upon one’s release from prison. I feel it’s important to note no state below Maryland is on that list. Twenty-eight states allow voting once parole or probation is served. Nine states will restore a citizen’s suffrage after a court of governor’s action.

 

I’m able to understand the reasoning behind restricting the voting of criminals. It’s part of their punishment. I get it. They engaged in the illegal aberrant behavior, likely violating the right of other citizens. Perhaps their victims will be dealing with their actions for the rest of their lives, and therefore there should be some lifetime consequences for the perpetrators. Fine. But not this one. This is a constitutional right, plain and simple. One with nearly, if not as much, importance and emotional history as the right to free speech. Women could not vote until 1920. Even with the 15th Amendment, black men were imitated and driven from the polls for decades. Generations of citizens who were socially confined struggled and fought for this liberty. From chains and corsets to the 15th and 19th, minorities and women have overcome. This freedom has such an emotional connotation to and history behind it, it’s especially painful that this is the one taken upon incarceration. I don’t want to veer into another, more heated to debate, but if criminals–particularly violent ones can still buy guns, why can’t they still vote?

 

On another note, it should be mentioned that the population of felons in this country is rather skewed in terms of race. More men and women of color are incarcerated than their fair-skin counterparts. Minorities are more likely to be arrested as well as face harsher sentences more the same crimes committed. The Justice Department and by association the reform institutions of America have systematically stacked the deck against people of color. Due to this, the majority of those affected by Felony Disenfranchisement are minorities.

 

Failing to see or choosing to disregard the moral or Constitutional reasoning behind abolishing Felony Disenfranchisement, some feel that allowing convicted felons to vote would tip the political scale in favor of Democrats. Not only is withholding suffrage for political reasons aberrant but also a bit unfounded. Yes, most felons are minorities who more often than not vote Democratic, but that is not the only factor that makes up this group. You cannot define a set of people by one aspect; the situation and people are infinitely more complex. These people have been disenfranchised from society as a whole. Who says they will even want to participate in the political process later in life? Nevertheless, they deserve the choice.

 

I feel that a compromise is not too far out of the question. Perhaps the nation as a whole should follow the steps of Tennessee, which permanently takes away the right to vote for those who have murdered, raped, committed treason, voter fraud, or a serious violent offense. Allowing non-violent offenders to retain their rights does not appear to present any harm. If the penal system is supposed to be working and reforming those who stray from the law, then upon release and shouldn’t they be perfectly fit to re-enter and participate in all aspects of American society?